GENERAL TERMS OF SALE FOR FURNITURE RETAILERS
1) DEFINITION : Furniture retailers are shops which have a permanent stock and display of furniture open to the public plus those who sell through mail order catalogues. The customer might justify their activity by producing a company registration document, a bank statement and by completing the provided new customer account form.
2) ORDERS : ÔXITAN is only responsible for orders confirmed by a written ‘order confirmation’. Once received, this document must be checked by the customer to ensure that it corresponds to the initial order and that any changes to this initial order are acceptable not only in terms of the description but also in terms of price, delivery time and in terms of payment, etc All these stipulations are contractual unless a written cancellation or modification is received in part or in full within 15 days.
3) PAYMENT : Invoices are payable with the settlement terms confirmed on our order confirmations. The terms of payment are specific to each customer and each order. Besides, Ôxitan reserves the right to have several price lists in Euros or in other currencies. The price list that applies for all the customers of a country is the one chosen by Ôxitan.
4) LATE PAYMENT : the non-respect of the date of payment will result in an interest charge of 5% on top of the total amount. Furthermore by right of the penal clause, the debtor must pay an indemnity of 15% of the debt, without prejudice to the extra recovery costs. The right to a discount allowed for prompt settlement will be avoid if the payment is not received within 8 days.
5) RETENTION OF THE TITLE CLAUSE : in case of non payment or part payment, the vendor remains the sole owner of the goods and keeps the right to apply the article for propriety, a 30% penalty and all indemnities obtained by decision of court being overdue by the faulty debtor. The penalties will reach 50% for special pieces of furniture (special item, inside fitting or patina).
6) TRANSPORT: Our pieces of furniture are shipped by specialized carriers, at the own risks of the consignee. Upon arrival of the goods it is the receivers’ responsibility to note any damages or missing items on the delivery note or in a registered letter within 48 hours after delivery to the latest. After this time any claim will be considered null and void, particularly regarding the due date of the invoice. Our furniture is not packed, but on request only, we can provide a cardboard and plastic packaging with a 5% surcharge of the value of the goods.
7) TOLERANCES : the oak used to produce our furniture has been chosen for its “character” and its natural “defects”. The former contribute to the rustic character of our products, which are regularly presented at professional shows and on the pages of our catalogues and other promotional material. This wood has a well-marked grain, which is composed of “healthy” knots of different sizes, but which cannot exceed 6cm in diameter, as well as knots which have been filled in with a synthetic wood paste, subject to the knot not exceeding a diameter of 3cm, of slight cracks and splits, and worm holes. This wood may present differences in colour, differences which are particularly visible with the lighter stains. Depending on the climatic conditions the pieces of furniture, and in particular the table tops may “work”, because the wood is a living material. When it is humid the wood may expand and when it is dry it may shrink, especially in the case of air-conditioning and central heating. We respect the international norms of dryness during production, namely of 10% with a tolerance of 2%. Thus within this context our responsibility is in keeping with international norms.
8) SPECIAL ORDERS, MODELS AND FINISHES: All orders which bring about any changes to the models or to the finishes and thus render them unsuitable for delivery to our regular customers are considered to be “special”. The changes to a model engender an increase in the price which cannot be inferior to an increase of 20%. A written quotation must be requested. However, afterwards such pieces of furniture cannot be taken back nor exchanged. In the case of any after sales service claims, the furniture will be repaired at our workshop and the transport fees will be chargeable to Ôxitan in the case of any errors or bad workmanship made by us. Furthermore, we do not accept orders which ask for a finish on a non-distressed item of furniture. On the other hand, we will accept orders for raw pieces of furniture, which have no finish and no level of distress, if the customer wishes to carry out the finishing process himself or have it finished by a third party. Please note that our timber is selected for its rustic appearance (as discussed in paragraph 7), and consequently, any custom-made pieces or items with custom-made finishes cannot be made the subject of complaints due to “too many defects”.
9) REFUSALS AND RETURNS: The return of goods for reasons for which Ôxitan is not answerable will not systematically lead to the issuing of a credit note. A credit note will only be issued after the file concerning the items of furniture and the returned furniture itself have been analysed. If a credit note is created, it may be subject to deduction for the transport fees (there and back) as well as any other penalty noted in article 5 (see above). Any refusals or return of goods for reasons of quality which do not conform with the present general sales conditions, as well as for reasons of lack of quality which could be resolved within a brief period of time by a person with no special skills (a seller or deliverer) and without any special tools, are considered to be abusive.
10) COMPETITION THROUGH CONTERFEIT : All Ôxitan furniture are original creations and are therefore protected by the provisions of the law of the 11th of March 1957. Any person found guilty of counterfeiting will be liable to legal proceedings. Ôxitan will jointly pursue any persons who have knowingly purchased furniture for resale or have used an intermediary agent. According to recent legal provisions, counterfeits seizures will be requested through emergency proceedings.
11) RETENTION OF PUBLICATION : Authorisation must be given by Ôxitan, and any text mentioning “Ôxitan” must be approved before publishing any advertisement using photographs of Ôxitan products, including photographs taken by the customer. Failure to comply with this might involve sanctions according to the Laws of 11/03/87 and 03/07/85 and justify a modification of the manufacturer’s commercial’s policy towards the defaulting customer.
12) JURIDICTION COMPETENCE : Any dispute about the interpretation or application of the above terms will fall within the competence of Nîmes Court and generally the competent courts for Ôxitan head office, which have the exclusive competence disrespectful of any contrary clause.